COUNCIL TAX SUPPORT WORKING PARTY Minutes of a meeting of the Council Tax Support Working Party held on 07 August 2012 in the Committee Room, Council Offices, Holt Road, Cromer at 10.00 am. Members Present: Working Party: Mrs A Claussen-Reynolds, Ms V Gay, Mr G Jones, Mr W Northam, and Mr R Oliver. Officers in Attendance: The Head of Finance, the Revenues and Benefits Services Manager, the Procurement Officer, the Benefits Manager and the Democratic Services Officer (ED) 1 ELECTION OF CHAIRMAN Mr W J Northam was elected Chairman. 2 TO RECEIVE APOLOGIES FOR ABSENCE None. 3 ITEMS OF URGENT BUSINESS None 4 DECLARATIONS OF INTEREST None 5 INTRODUCTIONS David Airey from ACS Ltd was attending the meeting to provide an overview of the localisation of council tax support and respond to any questions from Members. 6 TERMS OF REFERENCE On 16th July 2012 Cabinet approved the establishment of a politically balanced working group to consider and make recommendations for a draft council tax support scheme and consultation process to the Chief Financial Officer, Portfolio Holder and Leader of the Council. Members considered the draft terms of reference: Purpose The Council has established a working group to consider;Options for a Council Tax Support Scheme A Consultation Process taking into account parties indirectly and directly affected by the proposals. Council Tax Support Working Party 07 August 2012 Remit Propose a scheme that is cost neutral to the local authority taking into account the government’s indicative grant reduction and estimated growth for 2013/14 Propose a scheme that embodies the requirements as stated in the Local Government Finance Bill • the reductions are to apply to council tax payable • who is entitled to a reduction, which may be determined by reference to their income, capital (or both), the number of dependants or whether the person has made an application • the procedure for applying • the procedure for making an appeal • the procedure by which a person can apply for a discretionary reduction • that for each financial year, each billing authority must consider whether to revise its scheme or to replace it with another scheme • that in exercising any function relating to schemes, a billing authority must have regard to any guidance issued by the Secretary of State. • the Government has set rules to protect pensioners on low incomes • no rules have been prescribed to protect other vulnerable groups but local schemes should have regard to them. A set of principles needs to be agreed in order to develop the local scheme. The following outlines some of the principles to be considered: • • • • • • Being means tested with most income taken into account and most outgoings not taken into account Provide support for those who work so that they are better off than if they had relied on public funds Protect those of pension age and protect if agreed, other residents who we consider could not be expected to work Be seen to be a fair and reasonable use of public funds Feature rules that are similar to those for other state benefits, to make the scheme easier to understand and administer. Be operationally efficient and within budget. Propose the rules and procedures to administer the scheme to be developed e.g. how to make a claim to Council Tax support, awards, changes to entitlement, overpayments. Propose whether a Discretionary Payment Scheme/Hardship scheme should be established for council tax support. Propose a level of funding and policies would need to be developed. Propose a consultation model. This should include who the consultees are and the mechanism for consultation as appropriate to each group of consultees. The working Group will prepare a report of its conclusions for the Leader of the Council, Portfolio Holder and Chief Finance Officer Membership Cllr. Virginia Gay, Cllr. Wyndham Northam Cllr. Annie Claussen-Reynolds Cllr. Rhodri Oliver and Cllr. Graham Jones Council Tax Support Working Party 07 August 2012 Timescales The working Group will report its conclusions and recommendations to those with delegated authority by the 27th August 2012. The Chairman asked whether the Working Party would see the report before it was finalised. The Revenues and Benefits Services Manager said that the report would be produced as a result of the meetings of the Working Party and it would be shared with the members of the group before it was circulated to those with delegated authority. AGREED To approve the terms of reference. 7 FINANCIAL OVERVIEW The Head of Finance introduced this item. She explained that there would be headline funding reductions of 10% for the Council Tax Benefit scheme from 2013/14 at the same time as localising the scheme. Future support for council tax would be offered as reductions within the council tax system, with funding being made available to billing and major precepting authorities via grants. Based on the provisional funding announcements for the Council, the reduction in funding would amount to 11.6% (before allowing for any growth in the demand on the scheme). To provide a cost-neutral scheme, and to allow for growth of 2.7% based on the previous financial years, the total current scheme would cost £8.42m, requiring a scheme savings target of £1.18m. By allowing for growth of 2.7%, it was possible that a hardship scheme could be set up to help those with the most need. Members discussed the financial overview: 1. Mr R Oliver asked whether it would be possible to pro-rata the council tax grant per resident. The Head of Financial Services responded that this was effectively what had been done but rather than per head of population, a calculation had been made on the share of the council tax bill. 2. Mr G Jones was concerned that an additional burden would fall on the poorest residents of the district. The Revenues and Benefits Manager said that the Council was not willing to increase council tax to subsidise the discount. 3. Ms V Gay sought clarification on the figure allowed for growth. The Revenues and Benefits Manager explained that this referred to growth in demand for council tax discount. The amount of 2.7% was estimated and could be too high but it was important that it did not fall short. In response to a further question as to whether external support for the scheme could increase in the future, the revenues and Benefits Manager said that it would not. 4. The Chairman asked whether the calculation for growth was based on the previous 3 years. The Head of Financial Services confirmed that it was. In response to a further question as to the demographic make-up of the growth, the Revenues and Benefits Manager said that it was a mixture across all age ranges. Mr D Airey added that there was a fluctuating rise and fall in new claimants. 5. Mr G Jones asked how the level of pensioners within the district compared with other local authorities. The Revenues and Benefits Manager confirmed that North Norfolk had the highest level across the region. Council Tax Support Working Party 07 August 2012 6. Mr R Oliver proposed that the Working Party contact the County Council and request that they calculate the division of grants for council tax funding pro-rata on the working head of population to ensure that the district council received a larger share to compensate for the high number of pensioners. Members agreed that this was a good idea. AGREED To request that Norfolk County Council calculate the division of grants for council tax funding pro-rata on the working head of population. 8 PRINCIPLES OF THE SCHEME Mr D Airey of ACS Ltd introduced this item. He explained that his consultancy worked closely with the Department for Communities and Local Government (DCLG) and the case had been made early on for adjustments to be made for local authorities with high pensioner numbers but that it was unlikely that any changes would be introduced. Mr D Airey gave a presentation on the principles of the scheme (Minutes Appendix A) Members were invited to ask questions: 1. Mr G Jones asked for further information on how pensioners would be affected by the introduction of universal credit. Mr D Airey said that only working age people were eligible so pensioners would not be affected. 2. The issue of the possibility of challenge to the council tax support scheme by vulnerable groups was raised. There was a concern that if they weren’t protected under the scheme that the Council could be subject to future legal challenge. Mr D Airey confirmed that this was a possibility but that the County Council would lose the most as they had the biggest share of the funding. He said that there was a tentative agreement with the County Council that they would provide assistance if there was a significant challenge. 3. Mr G Jones asked for further information about the term ‘incentivise work’. Mr D Airey said that the Council already did this by not including tax credits and child benefit as income. 4. Mr R Oliver asked whether it was possible to differentiate residents on how long they had lived in the district within the Council’s scheme. Mr D Airey responded that this was a possibility but it could only be applied to working age residents. He added that the practicalities of administering such a scheme would be very difficult. It was important that the scheme should be simple to administrate or there would need to be an increase in staff numbers. 5. Ms V Gay asked whether there was a requirement to review the scheme each year. Mr D Airey said there was not but that if the scheme was changed then it would need to be reviewed and each time it was reviewed then the public would need to be consulted. He added that the Council should be prepared to have a different scheme each year for the next few years whilst it bedded in. 6. Mr G Jones was concerned about the impact on the council’s debt collection rates and asked whether the DCLG had considered this. Mr D Airey said that they were aware of the possible effect on debt collection but no additional help or funding had been set aside to deal with this. 7. Clarification was sought on the number of authorities that provided additional funding to their schemes to ensure that provision to claimants stayed at the current level. Mr D Airey said that out of the 55 authorities that he had worked Council Tax Support Working Party 07 August 2012 with only 6 had taken this option and they tended to be metropolitan authorities that had full control over their budgets. 8. Mr R Oliver asked whether the scheme could be changed in response to the public consultation. Mr D Airey said that it was important to be mindful of the responses and alter the scheme if necessary. 9. Mr G Jones was concerned that the Council might struggle to cope with the tight deadlines imposed by the scheme, given the recent software issues caused by the partnership with Kings Lynn and West Norfolk Borough Council. The Revenues and Benefits Manager said that she didn’t know how long it would take to resolve the problems. She acknowledged that it was having an impact on performance and they were currently 6-8 weeks behind schedule and this was having an impact on staff morale. It was possible that these issues could impact on the delivery of the council tax support scheme as it was a large project that was happening at the same time as the Council was moving forward with the partnership. The Benefits Manager added that there would be a further impact on other service areas at the Council such as housing, council tax, benefits and customer services. The Working Party needed to give a clear steer as to which direction they intended to go in so that additional resources could be put in place. 10. In response to a question from Mr R Oliver regarding the figures relating to individual parishes, the Revenues and Benefits Manager said that the figures were produced from a modelling tool and based at data available at the time. She would request an update. 9 TIMETABLE The Revenues and Benefits Manager referred the Working Party to the Cabinet report of 16th July which outlined the timetable for selecting then implementing a local council tax support scheme. Mr R Oliver asked whether the group needed to decide on a preferred model at the current meeting. The Revenues and Benefits Manager responded that they would like Members to choose one or two models that could be worked on and then brought back to the next meeting for consideration. Mr K Johnson felt it was important that other Members were involved in the process. The Revenues and Benefits Manager said that this could be discussed further at the next meeting. She suggested that a report could be produced and circulated to all Members for discussion. 10 MODELLING OPTIONS The Revenues and Benefits Manager reminded Members that it was important to keep the model as simple as possible whilst retaining some existing protections for vulnerable groups. A table with 13 options was presented to the Working Party, highlighting the factors that were being applied to each one. Four preferred options were outlined in detail. The Revenues and Benefits Manager explained that Option 12 was favoured by officers as it was simple to administer and provided the required level of savings, whilst retaining protection for vulnerable groups. Members discussed the modelling options: 1. Mr G Jones sought confirmation that the capital limit would be reduced from £16000 to £6000 in all of the proposed options. The Benefits Manager said that this was the case and explained that a taper was currently used. Council Tax Support Working Party 07 August 2012 2. Mr K Johnson queried the proposal to exclude maintenance payments as income from some of the options. Mr D Airey explained that the inclusion of maintenance payments could make administration of the scheme difficult. They had been included previously but not for the last two years so the data was no longer accurate. If maintenance payments were particularly high it was likely that they would be picked up via the limit on capital. 3. Mr R Oliver proposed that option 12 was looked at in more detail. The Benefits Manager said that this option kept the protection for vulnerable groups that currently existed. The Revenues and Benefits Manager added that this model was similar to the one favoured by Kings Lynn and West Norfolk Borough Council which would make it easier to administrate. 4. Ms V Gay said that she could see the advantages of option 12 but she had doubts about the underlying assumption that the scheme should be cost neutral, particularly during the first year. Mr W Northam responded that it was possible to alter the scheme if it didn’t work as well as anticipated. Mr D Airey added that if option 12 was chosen and the County Council were able to make more money available in the future, then the threshold for maximum benefit could be raised to 80% or above. 5. Mr R Oliver said that it was important to try and get cross-party support for the scheme. Mr G Jones responded that he believed there were additional sources of funding and these should be considered. He did not provide any further information regarding possible sources of revenue. 6. Ms V Gay commented that it would be helpful to see some real-life examples using Option 12. It was proposed by Mr R Oliver, seconded by Mrs A Claussen-Reynolds and RESOLVED to Approve Option 12 as the preferred modelling option. Ms V Gay and Mr G Jones abstained. 11 CONSULTATION The Revenues and Benefits Manager advised the Working Party that they would need to consider who should be consulted on the proposals for a council tax support scheme and how this should be done. 1. Mr R Oliver suggested that the Working Party could consider examples used by other local authorities. Mr D Airey confirmed that he would provide the group with information and examples. 2. The Benefits Manager advised that there would need to be additional support from within the Council to support the consultation process. Customer services and the web team would have to be involved from the early stages. Mr D Airey added that all those residents directly affected by the proposals would need to be consulted as would relevant interest groups. The Benefits Manager said that those currently in receipt of council tax benefit would be provided with scenarios to indicate how they may be affected by the proposals. 3. The Revenues and Benefits Manager was not sure whether it would be necessary to conduct a telephone survey. Mr D Airey said that other local authorities had conducted a brief survey when customers contacted them with a general enquiry. Council Tax Support Working Party 07 August 2012 4. The Revenues and Benefits Manager informed the Working Party that they would work closely with other local authorities across the region. It was anticipated that a meeting would be hosted in Norwich to share ideas and resources. 12 EQUALITY IMPACT ASSESSMENTS The Revenues and Benefits Manager informed the Working Party that Norfolk County Council and Kings Lynn and West Norfolk Borough Council had agreed to provide support for the equality and diversity impact assessment on the final scheme. The Chairman thanked everyone for their input. He said that Members were aware of the impact of the proposed changes on staff and would consider this as the process was taken forward. The Meeting closed at 12.24 pm. Chairman Council Tax Support Working Party 07 August 2012